TA6-11387

TA6-11387

The claimants were not Convention refugees nor persons in need of protection because the Tribunal found a viable Internal Flight Alternative in Federal District Mexico City where state authorities and statutory protections for victims of domestic violence are available and the claimant failed to rebut the presumption of adequate state protection with clear and convincing evidence.

Citation
TA6-11387
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Minor Claimant: XXXXX XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 September 2007
Procedural Posture
Refugee Protection Claim / Final Decision Following Hearing
Outcome
Claims for refugee protection rejected
Legal Topics
Internal Flight Alternative, State Protection, Domestic Violence, Gender Based Persecution, Convention Refugee, Particular Social Group
Source Language
English
Immigration Law Refugee Law International Protection Internal Flight Alternative State Protection Domestic Violence Gender Based Persecution Convention Refugee +1 more

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the Federal District Mexico City (FDMC) constitutes a viable Internal Flight Alternative (IFA) for the claimants
  2. 2 Whether state protection in the FDMC is adequate for victims of domestic violence
  3. 3 Whether the claimants meet the definition of Convention refugee or are persons in need of protection

Ratio Decidendi

The claimants were not Convention refugees nor persons in need of protection because the Tribunal found a viable Internal Flight Alternative in Federal District Mexico City where state authorities and statutory protections for victims of domestic violence are available and the claimant failed to rebut the presumption of adequate state protection with clear and convincing evidence.

Court Disposition

Claims for refugee protection rejected

Orders

  • Refugee Protection Division rejects the refugee claims of the named claimants
  • No protection order issued; removal to Mexico not precluded by this decision